Continuous Residence requirement

[Concernedresident 0]

Hi. I received my green card on 03/15/15. I took a trip outside the US 2 months later, which lasted for 175 days. Out of these 175 days I spent 25 days in one country and the rest (150 days) in my home country to visit family. I came to the US in November and stayed for 15 days and left again with the intention of coming back the next month but couldn’t because of a family emergency (medical). So this trip lasted around 160 days. I finally came back on 05/01/16 and have been in the USA since then. I will be eligible to apply next month. Just wanted an opinion if my two successive trips broke continuous residence?

 

I was living at my relatives at that time so I dont have rent payments or a car lease etc. I have my bank account to show, and a letter from my relatives stating i had full access to the residence. I had no employment in this time frame as well, neither in the US or abroad. I have my employment termination letter from my home country dated 03/01/15.

 

Any help will be appreciated.

[Hypnos 6,576]

You were out of the country almost a year, so yes, I would think it likely USCIS would consider that you broke your continuous residence with those two trips combined.

[Concernedresident 0]

8 minutes ago, Hypnos said:

You were out of the country almost a year, so yes, I would think it likely USCIS would consider that you broke your continuous residence with those two trips combined.

 Well thats the thing, i was never out of the US for more than six months. I came to the US in between for about 20 days and was to return the next month as well but couldnt because of a family emergency(medical). So that trip also lasted arnd 160 days (less than 6 months).

 

PS. Why would they combine those trips?

[gregcrs2 1,778]

160 days for a medical emergency????  

[Hypnos 6,576]

Because I don't think they would look at two weeks of being in the US as actual continuous residence for that year.

 

I mean, it's possible they will see it your way, but I wouldn't consider it a guarantee. Do you have any proof that you maintained your US residency during that year that you were overseas?

[Concernedresident 0]

2 minutes ago, gregcrs2 said:

160 days for a medical emergency????  

 Yes, my brother had a surgery and needed my help finding a good doctor and after care.

 

7 minutes ago, Hypnos said:

Because I don't think they would look at two weeks of being in the US as actual continuous residence for that year.

 

I mean, it's possible they will see it your way, but I wouldn't consider it a guarantee. Do you have any proof that you maintained your US residency during that year that you were overseas?

 

The proof I have is:

 

1) no employment abroad (left my job as soon as i got residency)

2) active bank account (not many transactions)

3) letter from relative that i was residing at their house and had full access in my absence

4) job applications in US (i was applying online even when i was abroad)

 

Dono how much of this will count

 

 

[gregcrs2 1,778]

9 minutes ago, Concernedresident said:

 The proof I have is:

 

1) no employment abroad (left my job as soon as i got residency)

2) active bank account (not many transactions)

3) letter from relative that i was residing at their house and had full access in my absence

4) job applications in US (i was applying online even when i was abroad)

 

Dono how much of this will count

 

 

So does your bank account show you paying any bills at all pertaining to residing in USA?

 

Don't think any of this will count.

 

[Hypnos 6,576]

#4 might help you.... maybe.

 

That's not especially strong proof of maintaining your US residency though.

 

Worst case scenario you have to wait an extra year or so to naturalise.

[Concernedresident 0]

2 hours ago, Hypnos said:

#4 might help you.... maybe.

 

That's not especially strong proof of maintaining your US residency though.

 

Worst case scenario you have to wait an extra year or so to naturalise.

I know any input is very much appreciated, and these are alot of questions to ask. But sharing it with fellow travellers is kind of a stress reliever.

 

1) So you are saying they might not count my first year in my continuous residence. Since i never left the US since 05/01/16 do you think the 2 year plus 1 day rule will apply and hence i can apply on 05/02/18?

 

2) if the rule will apply and I submit my application early and get the interview after 05/02/18 will they take 2 yr and 1 day rule into account.

 

Well right now i am thinking abt all the possible options and outcomes.

 

any help is welcome

[Concernedresident 0]

2 hours ago, gregcrs2 said:

So does your bank account show you paying any bills at all pertaining to residing in USA?

 

Don't think any of this will count.

 

Unfortunately no.

 

The USCIS Policy manual states:

 

"An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence: ^[12] 

 

•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

•The applicant’s immediate family remained in the United States.

•The applicant retained full access to his or her United States abode."

 

So dont you think the proof is as follows:

 

The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

1) no employment abroad (left my job as soon as i got residency)

4) job applications in US (i was applying online even when i was abroad)

 

The applicant retained full access to his or her United States abode.

3) letter from relative that i was residing at their house and had full access in my absence

2) active bank account (not many transactions)

 

[Hypnos 6,576]

You can make that argument; it may or may not be successful. 

[geowrian 22,337]

7 hours ago, Concernedresident said:

 Well thats the thing, i was never out of the US for more than six months. I came to the US in between for about 20 days and was to return the next month as well but couldnt because of a family emergency(medical). So that trip also lasted arnd 160 days (less than 6 months).

 

PS. Why would they combine those trips?

The officer will look at the entire situation. Being abroad for so long with only a short trip back to the US can be considered as still breaking continuous residency. See the USCIS policy guide section noted below, specifically the part in bold. You  may be fine. You may not be fine and have to reapply.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

"C. Breaks in Continuous Residence

 

An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. There are two types of absences from the United States that are automatically presumed to break the continuity of residence for purposes of naturalization. ^[9]

•Absences of more than 6 months but less than one year; and

•Absences of one year or more.

An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time. ^[10] "

[SusieQQQ 11,586]

8 hours ago, Concernedresident said:

Hi. I received my green card on 03/15/15. I took a trip outside the US 2 months later, which lasted for 175 days. Out of these 175 days I spent 25 days in one country and the rest (150 days) in my home country to visit family. I came to the US in November and stayed for 15 days and left again with the intention of coming back the next month but couldn’t because of a family emergency (medical). So this trip lasted around 160 days. I finally came back on 05/01/16 and have been in the USA since then. I will be eligible to apply next month. Just wanted an opinion if my two successive trips broke continuous residence?

 

I was living at my relatives at that time so I dont have rent payments or a car lease etc. I have my bank account to show, and a letter from my relatives stating i had full access to the residence. I had no employment in this time frame as well, neither in the US or abroad. I have my employment termination letter from my home country dated 03/01/15.

 

Any help will be appreciated.

Did you get your green card through marriage? If so why were you staying at relatives between long periods abroad - Where was your spouse? If not I don’t see how you’re eligible to apply for naturalization in 2018.

 

Not wanting to be over suspicious but it does seem that the absences were carefully calculated to be less than 6 months.

[Concernedresident 0]

10 minutes ago, SusieQQQ said:

Did you get your green card through marriage? If so why were you staying at relatives between long periods abroad - Where was your spouse? If not I don’t see how you’re eligible to apply for naturalization in 2018.

 

Not wanting to be over suspicious but it does seem that the absences were carefully calculated to be less than 6 months.

Yes applying through marriage. My family was with me in both the trips. And yes the first trip was calculated to be less than 6 months, but the second one was circumstantial as stated in my original post.

 

As for staying at a relatives, why should that make a difference? They have spare space and were willing to share it with us, even when we came to the US later on we stayed there for 6 months before getting our own place.

[Going through 5,671]

You may have a tough time proving the continuous residency.

 

If I were the IO, I would be questioning getting the green card and then leaving the country 2 months later for 175 days....and then coming back to the US for only 15 days.... before taking an extended trip again for 160 days.  

 

If I were the IO, I would also be questioning your ties to the US while abroad during that time----and taking into account that you had no US-based employment, did not rent/own a US-based residence, your immediate family traveled with you on both trips, and you own no real US-based assets, and it sounds like you are not paying any US-based bills.

 

The IO will take into account your entire case, though....good luck.